Consumer Products | Monthly bulletin | March 2020

Regulatory news

Europe

The safety of feminine hygiene products

The compliance of feminine hygiene products with the hygiene rules associated with the use of sanitary products is extremely important.

On 20^th January 2020, the French Agency for Food, Environmental and Occupational Health & Safety (ANSES) published the results of its assessment of menstrual cups and tampons. Other countries like Belgium and Denmark have also carried out similar testing on feminine hygiene products and have published reports and results.

All reports recommend that manufacturers improve the quality of these products in order to eliminate or minimise the presence of chemicals.

Regulatory updates

Please find below a table summarising recent regulatory proposals made to the European Commission (Non-exhaustive):

Upcoming dates of application

As a reminder, below you will find a summary of legislation that will come into effect within the next six months:

• Legislation:
  
  Manufacturers and importers should carefully consider these upcoming dates of application and confirm that their products comply with these restrictions:

• • Europe:
    
    COMMISSION REGULATION (EU) 2016/2235 of 12 December 2016 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards bisphenol A
    
    Brief description:
    
    This legislation restricts the use of Bisphenol A (CAS No 80-05-7 EC No 201-245-8) in thermal paper in a concentration equal to or greater than 0,02 % by weight after 2^nd January 2020

Europe/International

Standards updates

Please see below a table summarising the most recent standards updates and upcoming dates of withdrawal (non-exhaustive):

(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.

Germany

The risk posed by vitamin E acetate in e-cigarettes

On 28^th January 2020 The German Federal Institute for Risk Assessment (BfR) published its communication 007/2020 on Open questions on the risk posed by vitamin E acetate in e-cigarettes.

It seems plausible that inhaling high concentrations of vitamin E acetate could cause lung diseases.

In the United States, vitamin E acetate is often used as a diluent, especially in e-cigarette products offered on the black market.

In Germany, nicotine-containing e-liquids must not contain any vitamins according to tobacco regulation. By contrast, nicotine-free e-liquids are not subject to tobacco law, and therefore such restrictions do not apply.

When using legally-compliant nicotine-containing products, it is unlikely that consumers will be exposed to e-liquids with a high concentration of vitamin E acetate.

The BfR currently has no concrete findings and notifications in relation to e-liquids which contain vitamin E acetate.

UK

The United Kingdom - transition period

In this section we cover updates in relation to the transition period currently underway in which the United Kingdom remains a member of the EU Single Market and the Customs Union. The transition period will end on December 31, 2020. The main published points on this topic are listed below.

News:

• Intellectual property and the transition period
• Government confirms plans to introduce import controls

Guidance:

• Changing your company registration from 1 January 2021
• Exhaustion of IP rights and parallel trade from 1 January 2021
• Trade remedies transition policy
• Fluorinated gases and ozone-depleting substances: how to do business in the transition period
• Fluorinated gases and ozone-depleting substances: how to do business from 1 January 2021

For further general information about Brexit click here to visit the GOV.UK website.

Turkey

Import control of consumer goods 2020 publication

On 27^th December, 2019 the Turkish Ministry of Trade published the communication nº 30991 - Import control of consumer goods (product safety and inspection 2020/12).

Main points include:

• Annex 1: list of consumer products under specific HS codes that are subject to inspection and the legislation and tests which apply to products
• Annex 2: Documentation for TAREKS for inspection
• Annex 3: Contracting / commitment example

US

Public consultation to clarify the Proposition 65

On 31^st January 2020, California’s Office of Environmental Health Hazard Assessment (OEHHA) opened a public consultation about the proposed amendments to Proposition 65 with the aim of clarifying ambiguities in relation to Article 6 of the warning regulation. Comments can be submitted until 16^th March 2020.

For further information, click here to visit the OEHHA’s website.

New York Passes Toxic Chemicals in Children's Products Law

On 7^th February 2020, the New York governor signed Assembly Bill A06296A into law to regulate toxic chemicals in children's products, which will come into effect as of 1^st March 2020.

As issued in our newsflash last June, no later than twelve months after a dangerous chemical appears on a published list, manufacturers who offer a children's product for sale or distribution in the State of New York that contains a dangerous chemical or chemical of concern are required to report such chemical use at practical quantification limits to the Department of Environmental Conservation.

Children’s products containing the following dangerous chemicals will be prohibited from 1^st January 2023:

• Tris(1,3-dichloro-2-propyl) phosphate
• Benzene
• Formaldehyde(other than in textiles)
• Asbestos
• Organohalogen flame retardants

Please click here for more information.​

Maine Revised Draft Rule to Designate PFOS and its Salts as Priority Chemicals

Recently the Maine Department published a revised draft rule to Chapter 890 to designate perfluorooctane sulfonic acid ("PFOS") and its salts as priority chemicals and certain children’s products which contain these regulated chemicals must be reported.

As a follow on from the former draft rule, as issued in our Newsflash last May, this proposal applies to manufacturers or distributors who offer for sale certain children’s products in the State of Maine containing intentionally added amounts of PFOS or its salts.

Comments can be submitted by 9^th March 2020.

Please click here for more information.

Standards updates

See below a table summarising the most recent ASTM standards updates:

Thailand

Ban on micro-bead plastics in cosmetic products

As of the 1^st January 2020, Thailand enforces laws to prohibit the manufacture, import or sale of cosmetics that contains micro-bead plastics, with the aim of protecting the environment and the health of Thai people.

To view the official publication in Thai, please click here.